Pathway Housing Association v. McFee & Anor [2000] UKEAT 762_00_0711 (7 November 2000)

Pathway Housing Association v. McFee & Anor [2000] UKEAT 762_00_0711 (7 November 2000)

There is an arguable point of law as to whether the Tribunal erred in its interpretation of TUPE Regulations 3, 5, and 8(2) in the context of a business ceasing to operate and the subsequent transfer of management responsibilities.

Citation
[2000] UKEAT 762_00_0711
Parties
Applicant: Ms McFee; Applicant: Ms Butt; Former Employer: Midway Housing Ltd; Property Owner: Threshold Tenant Trust; Transferee Employer: Pathway
Jurisdiction
United Kingdom
Judgment Date
07 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Case to proceed to full hearing
Legal Topics
Transfer of Undertakings, Redundancy, Unfair Dismissal
Employment Law Transfer of Undertakings Redundancy Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Ms McFee

Applicant

Ms Butt

Applicant

Midway Housing Ltd

Former Employer

Threshold Tenant Trust

Property Owner

Pathway

Transferee Employer

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)
  2. 2 Whether the applicants were employed immediately before the transfer as required by Regulation 5 TUPE
  3. 3 Whether Regulation 8(2) TUPE applies to deprive applicants of unfair dismissal rights

Ratio Decidendi

There is an arguable point of law as to whether the Tribunal erred in its interpretation of TUPE Regulations 3, 5, and 8(2) in the context of a business ceasing to operate and the subsequent transfer of management responsibilities.

Court Disposition

Case to proceed to full hearing

Orders

  • Case listed as Category C for half a day
  • Skeleton Arguments to be exchanged